Smallman v. Powell
Oregon Supreme Court
Appeal from the circuit court for Linn county. The facts- are these: It is hereby stipulated and agreed by and between the parties herein to submit this cause to the court for trial upon the following statement of the facts herein, to-wit: (1) That Sampson Smallman and Margaret Smallman, now both deceased, were, at and prior to their death, seised in fee simple of the following described real estate, to-wit: The donation land claim of Sampson Smallman and Margaret Smallman,…
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Appeal from the circuit court for Linn county. The facts- are these: It is hereby stipulated and agreed by and between the parties herein to submit this cause to the court for trial upon the following statement of the facts herein, to-wit: (1) That Sampson Smallman and Margaret Smallman, now both deceased, were, at and prior to their death, seised in fee simple of the following described real estate, to-wit: The donation land claim of Sampson Smallman and Margaret Smallman, his wife, the same being notification No. 1,118, and claim No. 6, being part of section 35, in Tp. 9 S., R. 2 W., and…
1Opinion of the CourtLord, J.
This case presents the single question, whether the real property already described passes to the defendant as next of kin, the former being the grandfather and the latter the uncle of the intestate. The whole matter depends upon the meaning to be given to subdivision 6 of section 3098, Or. Code: “If the intestate shall leave no lineal descendants, neither wife nor father, mother, brother nor sister, such real property shall descend to his next of kin in equal degrees,” etc. And section 3103 provides that *370“the degree of kindred shall be computed according to the rules of the civil law.” It is…
2Cases cited7 opinions
- Barger v. HobbsIllinois Supreme Court · 1873
- Estate of KirkendallWisconsin Supreme Court · 1877
- Ryan v. AndrewsMichigan Supreme Court · 1870
- Phillips v. PeteetSupreme Court of Alabama · 1860
- Bassil v. LofferSupreme Court of Iowa · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cordon v. GreggOregon Supreme Court · 1939
- In Re Estate of MillerOregon Supreme Court · 1926
- Graham County v. BuhlArizona Supreme Court · 1953
- Raistakka v. FagerstromMontana Supreme Court · 1922
- Allen v. WhiteheadDistrict of Columbia Court of Appeals · 2026
1 more not listed; retrieve them via the Exa API.